Shri. Gangappa S/O Markandappa vs The State Of Karnataka
2024 Latest Caselaw 5628 Kant

Karnataka High Court

Shri. Gangappa S/O Markandappa vs The State Of Karnataka on 22 February, 2024

Author: N.S.Sanjay Gowda

Bench: N.S.Sanjay Gowda

                                                     -1-
                                                            NC: 2024:KHC-D:4356
                                                            CRL.P No. 100685 of 2024




                                IN THE HIGH COURT OF KARNATAKA,
                                        DHARWAD BENCH
                           DATED THIS THE 22ND DAY OF FEBRUARY, 2024
                                                   BEFORE
                           THE HON'BLE MR JUSTICE N.S.SANJAY GOWDA
                             CRIMINAL PETITION NO. 100685 OF 2024
                      BETWEEN:
                      SHRI. GANGAPPA S/O MARKANDAPPA,
                      AGE. 40 YEARS, OCC. TAHASILDAR,
                      PRESENTLY WORKING AS SPECIAL LAND ACQUSITION
                      OFFICER, UKP PROECT, ALAMATTI, TQ. NIDAGUNDI,
                      DIST. VIJAYAPUR, R/O. POST KALLUR-584129,
                      TQ. SIRAWAR, DIST. RAICHUR.
                                                                        ... PETITIONER
                      (BY SRI. SHRIHARSH A. NEELOPANT, ADVOCATE)

                      AND:

                      1.   THE STATE OF KARNATAKA,
                           R/BY POLICE INSPECTOR,
                           HANAGAL POLICE STATION,
                           HANGAL-58, TQ. HANGAL,
                           DIST. HAVERI, THROUGH THE
                           STATE PUBLIC PROSECUTOR,
         Digitally
                           HIGH COURT OF KARNATAKA,
         signed by
         MANJANNA
MANJANNA E
                           BENCH AT DHARWAD.
E        Date:
         2024.02.22
         19:14:26
         +0530
                      2.   THE ASSISTANT COMMISSIONER,
                           SAVANUR SUB-DIVISSION,
                           SAVANUR-58, TQ. SAVANUR,
                           DIST. HAVERI.
                                                                      ... RESPONDENTS
                      (BY SRI. P.N. HATTI, HCGP)

                           THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.PC.
                      SEEKING TO QUASH THE IMPUGNED COMPLAINT AND FIR IN
                      HANGAL P.S. CRIME NO.28/2020 REGISTERED BY THE 1ST
                      RESPONDENT POLICE FOR THE OFFENCES P/U/S 406, 408, 409, 468
                      OF IPC AS PER ANNEXURE-A AND B RESPECTIVELY AGAINST THE
                      PRESENT PETITIONER/ACCUSED NO.1.
                               -2-
                                    NC: 2024:KHC-D:4356
                                    CRL.P No. 100685 of 2024




    THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:

                          ORDER

1. In the Crl.P.No.102196/2023 and connected

matters this Court while dealing with more or less an

identical complaint had quashed the proceedings on the

ground that the complaint did not indicate that the

petitioners therein had misappropriated any sums which

was meant for payment to the persons who were affected

by the floods.

2. It was also noticed therein that the

complainant, fundamentally requested the police inspector

to conduct enquiry and that by itself indicated that the

complainant was not making any specific averments of any

crime may be committed by the petitioners.

3. In the light of the above said judgment, since in

the impugned proceedings also, the complaint is more or

less of the same nature is not verbatim similar, the

NC: 2024:KHC-D:4356

principles laid down in the said decision will apply and the

proceedings would therefore stand vitiated.

4. Accordingly, the criminal petition is allowed and

consequently the proceedings initiated against the

petitioners are quashed.

Sd/-

JUDGE

VNP*/CT:BCK